Lynwood, CA asked in Domestic Violence for California

Q: Question on dv law about relationship

Cheated on girlfriend a couple of times with married woman who also happened to be my boss.one night while working i got attacked by her pitbull was able to get an arm around his neck and choke him until he finally let go of me but i still kept choking him being afraid he was still a threat until I my boss started yelling at me to stop cause he started foaming at the mouth I told her to get on top of him and with all her weight and both hands to pin his neck to the ground and have control of him she did so I let him go got up got in my car a couple of seconds later heard noise looked in the rearview and saw my boss on her back with the dog mauling her , long story short I take her to the hospital ,30-45min later I'm being arrested for a dv on her which I didn't think was possible cause we never dated or open about the affair the only reason I was around her that night was because of work so how can i be charged with a dv

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1 Lawyer Answer
Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: To properly answer any legal question it is necessary to ascertain more information. It is like asking a doctor over the phone what the pain in your stomach is, and whether he could cure it. The Doctor needs to get a more complete history, lab work, and X-rays etc.

Initially, you don't have to be married for there to be DV.........it can be cohabitant.

I would strongly suggest you write out a detailed summary of the facts including your name, address, email, and the relevant facts. Then contact a lawyer as every lawyer you talk to will need the same information to intelligently answer your inquiry.

After doing that you should set up an appointment with that local lawyer who handles the area of law in question. If you need a referral, please contact me at 760 837-7500 or dale@dalegribowlaw.com. In other words, you do not hire an LA lawyer for a case in Palm Springs or OC etc. Of course, on a criminal case, if you cannot afford a lawyer the court will appoint one for you.

I am assuming you were arrested and have been to court? If there was an underlying case, then the lawyer who handled that case would be in the best position to know all the facts and advise you intelligently on your inquiry.

It's also important that you not talk about this case to anyone except your attorney. Please remember anything you say online herein is discoverable and can be used against you.

The problem with talking to anyone, be it the police or an insurance adjuster, is they may misunderstand what you said or they do not write down everything. Sometimes the problem is what THEY THOUGHT THEY HEARD YOU SAY that hurts you. You never want to admit to anything.

You should consider retaining a lawyer, remaining silent and letting the lawyer be the strawman and taking the heat. In other words, for instance, you would be happy to talk to the police or the insurance company, but your lawyer has ordered you “not to talk without his/her permission”.

You then suggest they talk to your lawyer for permission for you to talk to them. I never let my clients talk to anyone and always take the blame for any issue.

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